What exactly is property encroachment? Encroachment happens when a certain improvement extends onto and over the boundary line of a neighboring property.

One of the most common types of encroachment is structural encroachment – this is when a part of a building extends over the property line. However, gardening beds as well as fences also are constructed over the line and are considered an encroachment as well.

Why do encroachments happen? More often than not, an encroachment is an honest mistake. It might be that the previous owner or contractor miscalculated and thought they were building on their property, or the wrong pin may have been used. Without a survey, this happens more than you would think.

There are several ways to deal with encroachments. The easiest way is to politely ask your neighbor to remove the encroachment. This is not usually a big problem if it’s only a flower bed or something else that can easily be removed.

If it’s a fence or a part of a structure, you can strike up an agreement and have the other party pay rent for the part of your property that was encroached. Another option is to sell the “encroached” property to the other party so they’re free to use it.

If you would rather use your property, you can go to court and plead your case. This is the most expensive option usually. An early agreement is much better for both sides.

This is exactly why a land survey is very important if you’re going to buy property. When it comes to an encroachment, the earlier you address the problem, the better. This is because of the Adverse Possession laws.

This law states that if someone openly uses a piece of property for a certain period of time and pays taxes for it, among other requirements, they could claim possession of the property and be awarded ownership.

Please note though that each state has different property encroachment laws so it’s best that you talk to a lawyer and a local land surveyor.

For any property encroachment problems or questions about it, call Bryan Land Surveying at (979) 314-3131 or send us a message through our contact form.

Land Surveyor: Definition

A land surveyor is a professional person with the academic qualifications and technical expertise to measure and plot the lengths and directions of boundary lines and the dimensions of any portion of the earth’s surface (including natural and other structures.) That definition is quite a mouthful, but in actuality the field of surveying (geomatics) includes many other facets.

For the home-owner the land surveyor is the person who locates the boundary of your property and the location of your home within that boundary to determine if there are any encroachments by your neighbors onto you or vice versa. Common encroachments are fences, driveways, etc.

Texas Land Surveyor

Land surveyors in the United States are regulated and licensed by the various state governments. In Texas, the Texas State Board of Licensure for Professional Engineers and Land Surveyors (www.bels.state.al.us) was established in 1935 to protect the public by helping “to safeguard life, health, and property, and to promote the public welfare by providing for the licensing and regulation of persons in the practices of engineering and land surveying.

This purpose is achieved through the establishment of minimum qualifications for entry into the professions of engineering and land surveying, through the adoption of rules defining and delineating unlawful or unethical conduct, and through swift and effective discipline for those individuals or entities who violate the applicable laws or rules.”

As of 2007, a newly licensed land surveyor is required to have a four year degree in surveying or a closely related field and an additional four to eight years of on-the-job training under a licensed land surveyor.

Licensed Land Surveyors are also required to maintain and update their professional knowledge and skills by attending 15 hours of continuing education each year.

In preparation for a typical lot or mortgage survey of your house, a land surveyor may review tax maps, aerial maps, deeds, subdivision plats, zoning ordinances, subdivision regulations and possibly flood maps.

For a typical lot survey the subdivision plat is the most important of these because it gives the exact dimensions of your lot and the relative location of your property corners. The surveyor uses this to locate and/or re-establish your property corners.

In the field the survey crew will find the property corners along with some of your neighbors corners if yours can’t be found, measure the distances and angles between all of the points, locate all improvements on your property, including your house, pool, out-buildings, retaining walls, fences, driveways and sidewalks, etc.

Other improvements like sanitary sewer mains, storm drainage ways, overhead power lines and the like are located because these might indicate an easement across the property. The plat should show these, but they don’t in all cases. We’ll talk about easements in a later article.

Once all of the field information is gathered, the chief land surveyor takes the field notes and prepares a preliminary sketch of the work. This is passed along to a draftsperson who prepares the final drawing for your use. The draftsperson will check all of the maps mentioned earlier to make sure that all building setback lines and easements are shown on the drawing.

The surveyed distances and directions are compared to the plat distances and directions also. Any discrepancies or encroachments are shown on the drawing. Your attorney uses the drawing to determine if any other legal work is needed during the closing.

The mortgage company or bank uses the survey to insure they are loaning you money on the correct property (in case they end up owning it. Yikes)

So now, what do you have for your money. You have a drawing which shows your house on your lot. You should have stakes and/or flagging by all of your property corners. Make sure you know where they are located.

The actual corner is marked by an iron pin or pipe of some sort. (The type of monument should be shown on your survey drawing.) You might also want to take a look for them at least once a year to make sure they’re still there.

For a land surveyor at Bryan, TX and surrounding areas, call us at (979) 314-3131 or send us a message by going here.

Boundary Surveying Today

Surveying is used for many reasons today.  A property survey or boundary survey is completed to establish a specific location of a parcel of land along with its exact acreage.  It is used to determine the boundaries of an area of ownership.

It is also used to identify a piece of property by a written legal description or to provide a review of the accuracy of an existing description. This data is of the utmost importance with regard to buying and selling land, and is also used to insure a clear title to the land. Here’s a little more about boundary surveying.

There are many different kinds of surveys that can be performed. Boundary surveying is typically done for undeveloped land. A lot survey or closing survey is typically done to re-establish the boundary of a previously established parcel of land.

These types of surveys measure the actual physical extent of the property in question. Most surveys progress through the basic procedures regardless of the type being done.

Any pertinent deeds, contracts, maps or other documents that contain a description of the property’s boundaries are located, studied and interpreted. A determination is made of what the actual property description says, along with the locations of any physical evidence of the boundaries.

This can be in the form of both natural and man-made monuments or markers that exist in the field. The property is then measured to establish the boundary, not only using the appropriate existing monuments but with setting new markers where necessary.

Measurements are accomplished using a total station and other surveying tools. A total station measures both vertical and horizontal angles, as used in triangulation networks. After these steps are accomplished, the property description and plat are prepared.

Boundary Surveying: Interpreting results

Interpreting the results of boundary surveying is not as difficult as it may first seem. For instance, a property plat will usually contain a directional orientation which is typically indicated with an arrow pointing north.It will contain the bearing and distance of each boundary line, the property lines of other properties shown on the plat, and the names of adjacent property owners listed in the areas of their property.

Corner monuments, along with the names of any natural monuments (such as “Smith’s Creek”, for example) or a brief description of any unnamed natural monuments (such as the “30-inch oak tree”) are on the plat.

There is also a title block containing the property’s location and owner name, the land surveyor’s name and license number, the date the survey was performed, the scale of the plat and any other relevant data.

Boundary Surveying Services

For a free boundary surveying quote for Bryan or Brazos County, Texas, call Bryan Land Surveying at (979) 314-3131 or visit our contact page to send us a message.